For individuals
Buying a freehold
The process of a group of leaseholders buying a freehold is known as “collective enfranchisement”. Generally, leaseholders can achieve collective enfranchisement through one of two routes.
Stuart Jacobs
The informal approach to buying a freehold
Nothing is to stop a group of leaseholders from approaching their landlord informally to see if they can negotiate a deal to buy their freehold. However, under this route, the freeholder does not have to respond or agree to sell the freehold.
The legal approach to buying a freehold
If over 50% of the building’s qualifying leaseholders wish to purchase the freehold and they meet the following criteria, the leaseholders can serve a section 13 notice on the landlord to begin the purchase of their freehold.
– There are at least two flats
– The leases of the flats were for more than 21 years when granted
– Two-thirds of the leases of the flats are long leases
– Commercial tenants occupy less than 25% of the building
Under this route, all parties must follow strict procedures and timescales set out in the law. Notably, this route offers more protection to leaseholders. However, if they cannot agree to the terms or the price of the freehold with the freeholder, they can apply to the Tribunal to decide on the issue.
Our approach to buying a freehold
We recommend beginning the process informally, as this could save both time and money. However, leaseholders meeting the criteria can follow the more formal legal route if necessary.
Our team of professionals are proud to be members of the Association of Leasehold Enfranchisement Practitioners (ALEP). Our membership reflects our expertise and experience in this complex area of law. ALEP was established as a professional association in 2007 to ensure that practitioners involved in this sector adhere to an agreed level of conduct and service. ALEP membership is a badge of assurance to leaseholders and freeholders, who can be confident that they will get a consistently high level of service, integrity and professionalism from ALEP members.
Expertise that empowers
Understanding the complexities of collective enfranchisement can be daunting. Our skilled legal team, led by Stuart Jacobs, has years of specialised experience, ensuring you receive accurate advice tailored to your distinct situation. We’re not just lawyers; we’re your strategic partners in securing your freehold rights.
Personalised approach
At RIAA Barker Gillette, we know that every client is unique. We take the time to listen to your concerns, aspirations, and constraints. This approach enables us to create a tailor-made solution that suits your needs.
Our services
Valuation
Determining the fair value of your freehold interest is a critical step. We can put you in touch with expert valuers who will conduct a thorough valuation, ensuring you receive a realistic estimate and a solid foundation for negotiations.
Corporate advice
Should you choose to set up a company to manage your freehold property, our corporate team can advise you on what’s required and what obligations you must meet each year and give ongoing support if necessary.
Documentation
Our lawyers meticulously draft and review all necessary documents, from initial notices to formal agreements. We leave no room for ambiguity, ensuring your rights are protected, and the process moves forward smoothly.
Negotiations and representation
Our skilled negotiators represent your interests during discussions with the landlord or their representatives. We strive to achieve the best possible terms, safeguarding your financial interests and future peace of mind.
Litigation (if needed)
Should negotiations hit a roadblock, our team can represent you at Tribunal. With a deep understanding of leasehold enfranchisement law, we work tirelessly to secure your desired outcome.
Post-acquisition
Even after you’ve successfully acquired your freehold, our commitment to you doesn’t end. We offer ongoing support to address any questions or concerns that may arise, ensuring your transition to full ownership is seamless.
Contact Stuart Jacobs today for a consultation. With our expertise by your side, you’ll soon be enjoying the benefits of absolute property ownership under the UK collective enfranchisement rules.
Are you a freeholder?
Freeholders can dispute such leaseholder claims, although the grounds for doing so are quite limited. However, if you are a freeholder who needs help responding to leaseholders who wish to extend their leases or buy their freehold, call Stuart Jacobs today.
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